Vinod Besra @ Sukhu Besra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56808 of 2025 Arising Out of PS. Case No.-479 Year-2023 Thana- BELHAR District- Banka ====================================================== Vinod Besra @ Sukhu Besra S/O Durga Besra Resident Of Village- Pipratilla, P.S.- Belhar, Dist.- Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 15 litres country made liquor has been recovered from the house of the petitioner. Petitioner is alleged to have fled from the spot seeing the police. Local villagers disclosed the name of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. The alleged recovery has been made from the house which is in the joint possession of other co-sharers. Petitioner has no concern with the seized illicit liquor. Petitioner

Patna High Court CR. MISC. No.56808 of 2025(2) dt.15-09-2025 2/2 was not present at the place of recovery. There is no independent witness of the seizure list. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.I, Banka in connection with Belhar P.S. Case No.479 of 2023, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T